An employer that makes up a lie inorder to lay off a worker - can they be be sue and would this case be won?
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An employer that makes up a lie inorder to lay off a worker - can they be be sue and would this case be won?
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I am African-American - I was a Regional Sales Manager for a tobacco company, the company made up a lie to get rid of me and laid me off, while I was still on vacation. I am the only one in the company that was laid off, I was told they were eliminating the position in my territory - I called on the whole state of Nevada. Someone else from a different state will now travel here to call on this state.
I have evidence that their reason for laying me off and or saying they are eliminating the position is a lie.
would this be considered a Tortuous discharge and also a race discrimination case?
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CatLaw
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I do not know what state you are in but have never heard of a tortuous discharge????? What you may have is evidence for a discrimination complaint. This complaint could be filed with EEOC and with your state's human rights dept/commission/office.
Go to www.eeoc.gov and read what is needed to show discrimination.
An employee can file a discrimination complaint against their employer for the discrimination bases listed at EEOC. These complaints are filed with the EEOC/ you state's human rights office. Depending on how your states does this you may need to indicate which agency is primary. If you select the Federal route you then can take your case into Federal Court. The state route can end up in state court, again depending upon state laws. You may want to contact a local employment attorney because these are not totally easy selections. If you end up in either Federal or State court you will need an attorney.
Will you win? No one can predict that. If you find an attorney who guarantees a win, run away. |
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Judy
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Talk to someone at your local EEOC office if you believe you were laid off because of your race. |
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Debbie W
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If you can prove it, sure you would win. |
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rwa000
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as most states are at will meaning you can be let go for any reason or no reason except discrimination, if you believe it was discriminatory than file with EEOC, but keep in mind it may take a long time, discrimination suits are hard to prove |
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